HUMANITY LIFE EXTENSION LLC Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner (Humanity Life Extension LLC) is, inter alia, engaged in the business of manufacturing medical devices and its corporate headquarters is located in the United States of America. The petitioner has filed the present petition, inter alia, praying as under:

(2.) The petitioner is, essentially, aggrieved as the Controller of Patents (hereafter 'the Controller') has declined to entertain the petitioner's National Phase Application.

(3.) The petitioner claims that on 26/7/2019, its US Patent Attorney had instructed the Indian Patent Attorney to file the petitioner's National Phase Application for registration of its patent for a System and Method for Treating Blood, corresponding to the Patent Cooperation Treaty (hereafter 'PCT') Application No. PCT/US2018/016797 dtd. 5/9/2018, claiming priority from US Application No. 15/425,494 dtd. 6/2/2017 captioned "System and Method for Treating Blood". The petitioner claims that its US Patent Attorney had expressly communicated to its Indian Patent Attorney that the time period of thirty-one months for filing the National Phase Application will expire on 6/9/2019. The petitioner claims that after the expiry of the aforesaid time period, it contacted its US Patent Attorney to enquire about the status of the National Phase Application in India. On enquiries, the petitioner became aware that the Indian Patent Attorney had not filed the National Phase Application within the stipulated period.